Legal Opinion

Melinda Birt v. Surface Transportation Board, Union Pacific Railroad Company and City of Nampa, Idaho, Intervenors

Court of Appeals for the D.C. Circuit

Decided August 2, 1996No. 95-1211PublishedCited by 40 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge WALD.

Dissenting opinion filed by Circuit Judge SENTELLE.

WALD, Circuit Judge:

Petitioner Melinda Birt owns a parcel of land in Canyon County, Idaho, across which intervenor Union Pacific Railroad Company (“UP”) held a right-of-way for its railroad tracks.1 In April of 1993, UP sought to *582abandon a 16-mile segment of the line running through Canyon County, presumably because its operation was no longer profitable. Shortly thereafter, the city of Nampa, which lies near the stretch of tracks in question, indicated its interest in using the land for a…

2Cases cited11 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Preseault v. Interstate Commerce CommissionSupreme Court of the United States · 1990
  3. Hayfield Northern Railroad v. Chicago & North Western Transportation Co.Supreme Court of the United States · 1984
  4. State of Ohio v. United States Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 1993
  5. Capital Network System, Inc. v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 1994

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3Cited by40 opinions

  1. Barclay v. United StatesCourt of Appeals for the Federal Circuit · 2006
  2. Chevy Chase Land Co. v. United StatesCourt of Appeals of Maryland · 1999
  3. National Ass'n of Reversionary Property Owners v. Surface Transportation BoardCourt of Appeals for the D.C. Circuit · 1998
  4. Harrison-Solomon v. StateCourt of Appeals of Maryland · 2015
  5. Friends of the Atglen-Susquehanna Trail, Inc. v. Surface Transportation Board and United States of AmericaCourt of Appeals for the Third Circuit · 2001

35 more not listed; retrieve them via the Exa API.

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